Ex Parte SPINA - Page 7




           Appeal No. 2003-0059                                                                     
           Application 09/238,553                                                                   


           establishing both of the following: 1) that one of ordinary skill                        
           in the art would have expected the Freedman ‘165 UV curable                              
           varnish, when applied to a second layer made of Eckberg’s                                
           epoxysilicone, to function as required by Freedman ‘165, i.e., to                        
           adhere to the second layer and, when exposed to UV radiation,                            
           bend up the edge of the label, and 2) that the UV curable varnish                        
           and epoxysilicone polymer layer would be separable from each                             
           other when a label containing these layers is pulled from a                              
           surface as required by the appellants’ claims.  The examiner has                         
           not carried this burden.                                                                 




















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